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14 <br />harmless from any liability, damage, loss, cost or expense, including <br />reasonable atl:orney fees, for personal injury or property damage, unless the <br />State of North Carolina has committed a deliberate act that is determined <br />to be the sole cause of the injury or damage. <br />D. Conservation Pu,pose. <br />(1) Grantor and Clrantee, for itself, its successors and assigns, agrees that this <br />Conservation Easement shall be held exclusively for conservation purposes <br />set forth by the Grant Agreement, this Conservation Easement and as <br />specified in S,;ction 170(h)(4)(A) <br />(2) The Parties re cognize and agree that the proposed New Hope Creek <br />Trail located within the Easement Area will be open for public entry and <br />use, and shal l be open to entry and use equally by all persons, regardless of <br />race, color, creed, national origin, residence, or sexual preference subject <br />to reasonable published and posted rules governing use of the Easement <br />Area by the I srantee, its successors and assigns, as approved by the Fund, <br />and consistei it with the conservation purposes provided by this <br />Conservatioi i Easement. <br />(3) This Conseraation Easement shall be construed to promote the purposes of <br />the North Carolina enabling statute set forth in N.C.G.S. 121 -34 et sew. <br />which authorizes the creation of Conservation Easements for purposes <br />including those set forth in the Recitals herein, and the conservation <br />purposes of t his Conservation Easement, including such purposes as are <br />defined in Se :tion 170(h)(4)(A) of the Internal Revenue Code. <br />E. Recording. Grantee shall record this instrument and any amendment hereto in <br />timely fashion in the official re cords of Orange, North Carolina, and may re- record it at any <br />time as may be required to preserve Grantee's rights. <br />F. Notices. All ne tices, requests or other communications permitted or required <br />by this Agreement shall be sent by registered or certified mail, .return receipt requested, <br />addressed to the parties as set forth above, or to such other addresses such party may establish <br />in writing to the other. All such items shall be deemed given or made three (3) days after <br />being placed in the United Staters mail as herein provided. In any case where the terms of this <br />Conservation Easement require the consent of any party, such consent shall be requested by <br />written notice. Such consent shall be deemed denied unless, within ninety (90) days after <br />receipt of notice, a written notice of approval and the reason therefore has been mailed to the <br />party requesting consent. <br />G. Amendments. Grantor and Grantee are free to jointly amend this <br />Conservation Easement to meet changing conditions, provided that no amendment will be <br />allowed that is inconsistent wi rh the purposes of this Conservation Easement or affects the <br />perpetual duration of this Conservation Easement. Such amendment(s) require the written <br />consent of both Grantor and Grantee and shall be effective upon recording in the public <br />records of Orange, North Carolina. <br />14 <br />